Ward v. Great Atlantic & Pacific Tea Co.
Massachusetts Supreme Judicial Court
Tort, (as stated in the writ) for the breaking of a tooth of the plaintiff on March 22, 1917, by a pebble contained in a can of baked beans purchased by the plaintiff on March 16, 1917, at the store of the defendant in Ipswich. Writ dated April 27, 1917. In the Superior Court the case was submitted to Jenney, J., upon a, case stated, containing the facts which are described in the opinion.
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Tort, (as stated in the writ) for the breaking of a tooth of the plaintiff on March 22, 1917, by a pebble contained in a can of baked beans purchased by the plaintiff on March 16, 1917, at the store of the defendant in Ipswich. Writ dated April 27, 1917. In the Superior Court the case was submitted to Jenney, J., upon a, case stated, containing the facts which are described in the opinion. At the request of the parties the judge reported the case for determination by this court as follows: “Report under Gen. Acts, 1917, c. 345. This case came on to be heard before me upon a case stated by the…
1Opinion of the CourtRugg, C. J.
The defendant conducts a retail grocery store at Ipswich. It had for sale at this store beans in sealed all. tin cans, bearing this label: “Grandmother’s Brand A & P Beans & Pork with Sauce, contents 2 lbs. 1 oz.” “Remove contents of this can as soon as opened and place in earthenware dish.” “The Great Atlantic & Pacific Tea Co. Incorporated, Distributors, Jersey City, N. J., U. S. A.” These cans of beans were purchased by the defendant from the Thomas Canning Company of Grand Rapids, Michigan, after ^canning. It furnished the labels which were affixed to the cans by the manufacturer. The…
2Cases cited12 opinions
- McNicol's CaseMassachusetts Supreme Judicial Court · 1913
- Race v. . KrumNew York Court of Appeals · 1918
- Parks v. C. C. Yost Pie Co.Supreme Court of Kansas · 1914
- Farrell v. Manhattan Market Co.Massachusetts Supreme Judicial Court · 1908
- Watson v. Augusta Brewing Co.Supreme Court of Georgia · 1905
7 more not listed; retrieve them via the Exa API.
3Cited by71 opinions
- Ryan v. Progressive Grocery Stores, Inc.New York Court of Appeals · 1931
- Burkhardt v. Armour & Co.Supreme Court of Connecticut · 1932
- Weiner v. D. A. Schulte, Inc.Massachusetts Supreme Judicial Court · 1931
- Nowel v. Equitable Trust Co.Massachusetts Supreme Judicial Court · 1924
- Griggs Canning Co. v. JoseyTexas Supreme Court · 1942
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